Brand v Brand (11674/06) [2009] ZAWCHC 25 (6 March 2009)

Brand v Brand (11674/06) [2009] ZAWCHC 25 (6 March 2009)

The court found that the marriage had irretrievably broken down and granted a divorce. It determined the accrual in each party's estate, finding the defendant owed the plaintiff R182,718.06 as half the difference in accrual. The court allocated joint parental rights and responsibilities, with the children to reside with the plaintiff and the defendant to have reasonable contact. Maintenance was set at R2,000 per child per month, with the defendant responsible for school fees, aftercare, remedial education, and medical coverage. Both parties were to share certain costs equally. The court criticized both parties' legal teams for inadequate preparation, resulting in unnecessary prolongation...

Citation
[2009] ZAWCHC 25
Parties
Plaintiff: Mare Brand; Defendant: Johannes Andreas Brand
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
6 March 2009
Case Number
11674/06
Procedural Posture
Divorce Application / Final Judgment
Outcome
Divorce granted; joint parental rights and responsibilities ordered; maintenance and division of accrual determined; costs awarded to plaintiff subject to special order.
Judges
Mitchell
Legal Topics
Divorce, Parental Responsibilities, Maintenance, Division of Estate, Child Custody
Family and Children Divorce Parental Responsibilities Maintenance Division of Estate Child Custody

Case Brief

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Parties

Mare Brand

Plaintiff

Johannes Andreas Brand

Defendant

Procedural Posture

Divorce Application / Final Judgment

Legal Issues

  1. 1 What is the appropriate division of the accrual in the parties' respective estates upon divorce.
  2. 2 What is the fair amount of monthly maintenance for the minor children.
  3. 3 How should parental rights and responsibilities be allocated between the parties.

Ratio Decidendi

The court found that the marriage had irretrievably broken down and granted a divorce. It determined the accrual in each party's estate, finding the defendant owed the plaintiff R182,718.06 as half the difference in accrual. The court allocated joint parental rights and responsibilities, with the children to reside with the plaintiff and the defendant to have reasonable contact. Maintenance was set at R2,000 per child per month, with the defendant responsible for school fees, aftercare, remedial education, and medical coverage. Both parties were to share certain costs equally. The court criticized both parties' legal teams for inadequate preparation, resulting in unnecessary prolongation...

Court Disposition

Divorce granted; joint parental rights and responsibilities ordered; maintenance and division of accrual determined; costs awarded to plaintiff subject to special order.

Orders

  • A decree of divorce is granted.
  • The parties shall exercise joint parental rights and responsibilities over the minor children as set out in the order.